Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco

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(Ca., filed November 4, 2024): Arguing that the novel duty to innovate recognized by the Court of Appeal would flood the judiciary and burden manufacturers with a large number of speculative lawsuits and would undermine the predictability of product liability law.  Additionally, the new duty would result in price increases as manufacturers tried to estimate the magnitude of their potential liability and would slow the pace of innovation and undermine safety in the name of promoting it.

Case not yet decided

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